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HomeMy WebLinkAbout1993-02-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Jean M. Benson Excused Absence: Mayor Pro-Tempore S. Roy Wilson Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Ramon A. Diaz, ACM/Director of Community Development Richard Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Economic Development Director Paul Gibson, Finance Director/City Treasurer Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Dave Millheim, Human Resources Director Catherine Sass, Community Arts Manager David Yrigoyen, Senior Administrative Assistant Jeff Winklepleck, Assistant Planifer V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of January 14 and 28, 1993. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 36. C. Rec: Approve as presented. APPLICATIQN FOR ALCOHOLIC BEVERAGE LICENSE by Omri's Restaurer, Ltd. for Omri & Boni, 73-675 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sunrise Corporation for Indian Ridge Country Club, 76-375 Country Club Drive, #A, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sunrise Corporation for Indian Ridge Country Club, 76-375 Country Club Drive, #B, Palm Desert. F. Rec: Receive and file. APPLICATION FQR ALCOHOLIC B$VERAQE LICENSE by Yo Long Change for Tsing Tao Chinese Cuisine, 74-040 Highway 111, #E, Palm Desert. Rec: Receive and file. G. CLAIM AGAINST THE CITY (ft202) by Raymond Hunter in the amount of $12,209.03. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. H. RESOLUTION NO. 93-7 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Personnel Files from the Department of Human Resources that are at Least Seven Years Old. Rec: Waive further reading and adopt. RE•TJFST FOR APPROVAL of Authorization to Advertise and Call for Bids for Traffic Signal Installation at Country Club Drive and San Tropez/Suncrest (Contract No. C07200). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of the new traffic signal at the intersection of Country Club Drive and San Tropez/Suncrest (Project No. 568-93). 2 MINUTES REGULAR PALM DESERT fY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * *--* * * * * * * * * * * * * *J* * * * * * * * * * * * J. REQUEST FOR APPROVAL of Authorization to Advertise and Call for Bids for Crack Sealing, Minor Repairs, and Slurry Sealing Program for Fiscal Year 1992-93 (Contract No. C07210). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject program. K. REOUEST FOR APPROVAL of Change Order No. 2 to San Luis Rey Storm Drain Project (Contract No. C06670). Rec: By Minute Motion, approve change Order No. 2 in the amount of $6,582.00 to Contract No. C06670 with Carney Brothers. L. REOUEST FOR APPROVAL of Award for Traffic Signal Designs at Country Club Drive and Oasis Drive Intersection (Project No. 567-93) and Portola Avenue & Quicksilver Intersection (Project No. 569-93). Rec: By Minute Motion: 1) Award Contract No. C07720 to BSI Consultants, Inc., for the Design of Traffic Signals at Country Club Drive & Oasis Drive Intersection (Project No. 567-93) and Portola Avenue & Quicksilver Intersection (Project No. 569-93) in the amount of $20,200.00, plus a contingency of $2,020.00, and authorize the Mayor to execute same; 2) authorize the appropriation of $120,000.00 from the Unobligated Signalization Fund. M. REQUEST FOR APPROVAL of Release of Subdivision Improvement Security for Tract 27561 (JASCORP, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. N. REOUEST FOR APPROVAL of Refund of Fees for Palm Desert Parking Citation #PD4554 Issued to Ms. Marie Conrad. Rec: By Minute Motion, approve refund for parking citation #PD4554 in the amount of $53.00 for Ms. Mari Conrad. O. REOUEST FOR APPROVAL of Appropriation of Funds for Annexation No. 31. Rec: By Minute Motion, appropriate $900.00 to the appropriate account to cover cost of mapping a legal description for Palm Desert Annexation No. 31 - Suncrest Country Club. 3 MLNUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REOLTEST FOR APPROVAL of Agreement Between the City of Palm Desert and the County of Riverside for Vector Control Services and Plan Review Services (Contract No. C07230). Q. Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and the County of Riverside for vector control services and plan review, provided through the Health Services Agency, Department of Health. REQUEST FOR CONSIDERATION of Support of the Desert Justice Center. Rec: By Minute Motion, direct staff to write a letter to Riverside County board of Supervisors in support of the subject Justice Center. R. REQUEST FOR CONSIDF<RATION of Eclectic Street Speed Limit - Hovley Lane East to 42nd Avenue. Rec: By Minute Motion, declare Eclectic Street from Hovley Lane East to 42nd Avenue a business district under California Vehicle Code Sections 235 and 240, with a posted speed limit of 25 miles per hour (California Vehicle Code #22352 Prima Facie Speed Limits). Mayor Benson removed Item I for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Councilman Crites also removed Item G for separate discussion. Upon motion by Kelly, second by Snyder, the remainder of the Consent Calendar was approved as presented by unanimous vote. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 705 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 10.50 OF THE PALM DESERT MUNICIPAL CODE RELATING TO VALET PARKING. Mr. Folkers reviewed the staff report. He stated that because there were still several areas that required additional discussion and clarification, staff would recommend that second 4 MINUTES REGULAR PALM DESERT FY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * reading of the ordinance be held until the Council meeting of March 11, 1993. He said these areas included Item #9 on page 4 and Item #20 on page 5 of the ordinance. Mr. Altman added that a representative of the Marriott had called him, and he advised that the City would meet with them to discuss this ordinance prior to second reading. Councilman Crites moved to waive further reading and pass Ordinance No. 705 to second reading, with second reading to be held until the meeting of March 11, 1993. Motion was seconded by Kelly and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 704 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING APPENDIX "A" OF THE CITY'S CONFLICT OF INTEREST CODE. Mr. Altman stated this had been introduced at the previous meeting and that no changes had been made. He recommended adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 704. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER G. CLAIM AGAINST TU. CITY (#2021 by Raymond Hunter in the amount of $12,209.03. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. Councilman Crites stated that at its August 13, 1992, Council had approved the additional payment of $9,732.59 for contract cost overruns for this contract contingent upon resolution of the State of California claim relative to payment of prevailing wage and release by the City Attorney. He expressed concern that the State had yet to make a finding, and he asked if there was something that could be done to expedite it. Mr. Erwin stated it was his suggestion that the City notify everyone involved (i.e., State of California, Center for Contract Compliance, Department of Labor Standards, the artist, etc.) that the funds will be paid to the artist in 30 days unless the State and other agencies involved advise the City to do something else. He recommended that the claim by Mr. Hunter be denied and that all parties involved be notified of the City's intention to release the monies in 30 days. 5 MINI TES REG t t .,% R PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1993 * : s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion: 1) Deny the claim and instruct the City Clerk to so ad i se the Claimant; 2) direct staff to notify appropriate parties that the City is holding the funds appro‘ ed by the Council in August, 1992, and will release said funds to the artist in 30 days unless it hears otheru ise from the State or other agencies. Motion was seconded by Crites and carried by unanimous vote. I. REQUEST FOR APPROVAL of Authorization to Advertise and Call for Bids for Traffic Signal Installation at Country Club Drive and San Tropez/Suncrest (Contract No. C07200). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of the new traffic signal at the intersection of Country Club Drive and San Tropez/Suncrest (Project No. 568-93). Mayor Benson stated she did not see anywhere in the staff report where the County will pay for any part of this signal. Mr. Folkers responded that this is just to authorize staff to go out to bid on the signal and that the intent was to have the County, Suncrest, and San Tropez pay their fair share of the cost. He said the City was the lead agency, will budget for the full amount, and will recoup funds from the other parties. Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of the new traffic signal at the intersection of Country Club Drive and San Tropez/Suncrest (Project No. 568-93). Motion was seconded by Snyder and carried by unanimous vote. X. NEW BUSINESS A. REOUE$T FOR APPROVAL OF CITY COUNCIL REVIEW OF PROPOSED SIGN PROGRAM FOR TOWN CENTER PLAZA AT FRED WARING DRIVE AND TOWN CENTER WAY (Enjoy Development, Applicant). Mr. Winklepleck reviewed the staff report, noting that the project was before Council approximately eighteen months ago, at which time the Council requested the sign program come back for review and approval. He said the Architectural Review Commission had reviewed the program and recommended approval with conditions as outlined in the staff report. Councilman Crites asked whether the request was for a variance to the sign ordinance. Mr. Winklepleck responded that it was an exception to the sign program but that the Architectural Review Commission felt it would work well with the center. Councilman Kelly asked whether the main reason for approving the request was that it works well with the architecture and if it was lower it would look odd. Mr. Winklepleck agreed and said if would be off balance otherwise. 6 MINUTES REGULAR PALM DESERT I'Y COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion, affirm the recommended sign program of the Architectural Review Commission. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION REGARDING ALLOWABLE SIGN AREA AT THE ROBINSON'S MAY STORES (May Department Stores, Applicant). Mr. Winklepleck reviewed the staff report, noting that the Architectural Review Commission had approved the signage for the Robinson's May Stores subject to the signs meeting the allowable sign area as per code. He said the current signs for both May Company and Robinson's fit within the code. However, this request was to make all of the letters for Robinson's May stores four feet in height, which would be over the allowable sign area if the code were interpreted in the most conservative way. All signs would be approximately 160 square feet in size, and the allowable area ranged from 91 square feet to 122 square feet. Mr. Diaz added that if the code were interpreted differently, these signs would fit within the code. Councilman Crites asked whether the request was to increase the size of the existing Robinson's letters, and a representative from Robinson's May responded that it was to have all of the letters for all of the signs the same size as the existing Robinson's sign. Councilman Snyder moved to, by Minute Motion, approve the appeal and determine that the signs comply with code. Motion was seconded by Kelly and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION FOR THE REMODEL OF AN EXISTING SERVICE STATION (A & S Engineering for Texaco, Applicant). Mr. Winklepleck reviewed the staff report, noting that after several meetings where this remodel was considered, the Architectural Review Commission denied the request as it felt the existing station looked better than the proposed remodel plans. He said staff recommended that the Council overturn the denial of the Architectural Review Commission and approve the revised remodel request which utilizes stucco and slumpstone subject to screening the swamp cooler and revising the landscape plans per Eric Johnson's approval. He noted that staff agreed with the Architectural Review Commission that a much better effort could be made and hoped that Texaco would lend as much consideration to its Palm Desert site as it has to sites in other cities to the west. Staff disagreed that the existing site looked better than what was being proposed and felt the remodel would be an improvement. Mayor Benson asked whether the Commission had considered any color renderings, and Mr. Winklepleck responded that the only renderings submitted were black and white. Nlawr Benson stated she would like to see what it will look like when the remodel is completed and would like to see a color rendering. 7 MEN UTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder added that he would recommend that the matter be continued and that the applicant provide a better presentation as to what they intend to do. Councilman Crites stated he would prefer that the entire matter be returned to the Architectural Review Commission, and Councilman Kelly agreed. Mr. Diaz stated that in sending it back to the Commission, Council might wish to indicate that it would like for the applicant to take the same care in the remodel of the Palm Desert station that it did in remodeling the station in Palm Springs. Councilman Kelly moved to, by Minute Motion, send this matter back to the Architectural Review Commission. Motion was seconded by Crites and carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF AN APPEAL FOR PALM DESERT GARDEN APARTMENTS, 73-600 San Gorgonio (Desselle Properties & Investments, Applicant). Code Compliance Office Evelyn Bridges reviewed the history of this matter relative to public nuisance abatement from September, 1992, to date. Councilman Crites moved to, by Minute Motion, direct staff to inform the property management company (Desselle Properties & Investments) that the trash dumpsters be enclosed, kept clear of public nuisance, and monitored for compliance by the property manager and/or property owner. Motion was seconded by Snyder and carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Yrigoyen noted the report in the packets relative to cable complaints received January 20 - February 3, 1993. Councilman Kelly expressed concern that when the cable company makes service contracts with separate communities within the City and charges lower rates than it charges to regular customers, those customers are actually subsidizing those separate contracts, and he felt this was not fair. He felt this was what regulation was all about, that everyone is treated the same. He added that this was why he had voted against the transfer from Palmer to Colony because there was no guarantee that they would treat everyone equally. Mayor Benson responded that she had recently sent a letter to Colony and asked them to respond in writing. 8 MINUTES REGULAR PALM DESERT IT COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Status of Multi -Agency Library. Mr. Diaz stated that Council would have before it at the next meeting the agreements for financing and operations between the College and the Riverside City/County Library Service. Councilman Snyder asked whether there was a footprint available yet for the new location. Mr. Diaz responded that it was not yet done and that it would be done as part of the preliminary drawings. Councilman Snyder added that he would like to see the footprint before Council votes on anything. 3. Civic Center Signage Program. Ms. Sass distributed copies of changes to sign numbers 4 and 12 to increase the copy height. She noted that what Council had before it was exactly what would appear on the signs. She recommended approval as presented so staff could then proceed with the engraving contract. Councilman Crites asked that signs identifying the amphitheater be held from being cut until further Council action. Council concurred. Upon question by Councilman Kelly, Ms. Sass responded that the neoglyph figures were still going to be used and that staff could show them any time Council wished to look at them. Mr. Altman suggested that this be placed on the next City Council Agenda. Councilman Crites moved to, by Minute Motion, approve the program as presented by Ms. Sass, with the signs identifying the amphitheater not to be cut until further Council action. Motion was seconded by Kelly and carried by unanimous vote. 4. 90-Day Accelerated Public Works Award Projects. Mr. Folkers noted the report in the packets and stated this was a "wish list" that had been submitted to Caltrans as projects that could be underway within 90 days. He offered to answer any questions. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. REOUEST EQR APPROVAL OF CONTRACT FOR ADDITIONAL SERVICES WITH BARRY GOODMAN REGARDING PEOPLEMOVER SYSTEM FUNDING APPLICATIONS. Mr. Altman asked that this matter be continued to the next meeting. Councilman Kelly moved to continue this item to the meeting of February 25, 1993. Motion was seconded by Crites and carried by unanimous vote. XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Riverside County Centennial Parade. Mr. Altman reviewed the letter received from the Chairman of the Riverside County Centennial Advisory Board/Foundation. He noted that Council had previously authorized participation in this event and had asked the Promotion Committee to work with the Chamber of Commerce to address the design, cost, transportation, etc. of the City's entry, with the Marriott subsequently offering to recreate its award winning 1992 Golf Cart Parade entry. He stated no formal Council action was necessary as long as Council was aware of what was being done. Council concurred. 2. No Parking on Tamarisk Street. Mr. Altman stated that this item had come up after the Agenda was posted. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote. Mr. Folkers reviewed his memo, noting that at its December 3, 1992, meeting, Council had authorized staff to install the parking restriction signs on Tamarisk Street. After receiving comments from residents in the area, staff was recommending that the parking restriction signs be installed stating that no parking would be allowed between 7:00 a.m. and 4:00 p.m. Monday through Friday, restricting the parking to no more than two hours. 10 MINUTES REGULAR PALM DESERT _ . TY COUNCIL MEETING _ FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson asked whether any thought had been given to providing residents with stickers indicating they do reside in this area. Mr. Folkers responded that staff would prefer to try this approach first and could come back to Council if it does not work. MRS. ROSE RALLO, resident of Tamarisk, stated that the problem was the maintenance people parking on the cul-de-sac. This is a residential neighborhood with small children, and the children are afraid to play in the area because of all the maintenance people parking there. She said the residents appreciated the two-hour parking restriction but would appreciate it more if they had some preferential treatment on the parking. She also asked how the no parking would be monitored. Mr. Folkers responded that the intent was that the residents would call the City if there is a problem. Councilman Crites stated he did not think the City could do preferential resident parking because this is a public street. If there are no parking signs, everyone would need to abide by them. Mr. Erwin agreed and stated that it would be illegal to give permits for parking on public streets. 3. Request from Waste Management of the Desert. Inc. for Change in Franchise Agreement. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. Mr. Altman reviewed the letter from Mr. John Lavender of Waste Management requesting a change in the wording of the franchise agreement relative to collection of construction solid waste. He asked whether Council would wish to formally consider this at the next City Council meeting. Councilman Kelly stated that there seemed to be many things that had changed since the ordinance was written, with no laws, etc. He said he felt Council should consider this. Mr. Altman stated that staff would prepare a report for the next meeting. Council concurred. 11 MI1t•TES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: The following item was listed on an Agenda Addendum and posted 72 hours prior to the City Council/RDA meeting. 4. REQUEST FOR APPROVAL of Agreement between the City of Palm Desert and the Redevelopment Agency. Mr. Yrigoyen asked that this item be considered jointly with the Palm Desert Redevelopment Agency. CALL TO ORDER Chairman Benson convened the meeting at 5:00 p.m. ROLL CALL Present: Member Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Chairman Jean M. Benson Excused Absence: Vice Chairman S. Roy Wilson Mr. Yrigoyen reviewed the staff report, noting that Section 3 of the Agreement should be amended to read as follows: "That the Palm Desert Redevelopment Agency shall pay back any amounts, plus interest, to the City of Palm Desert from any first funds available to the Agency." Councilman/Member Kelly moved to, by Minute Motion, approve an agreement, as amended by Mr. Yrigoyen, between the Agency and the City setting forth certain terms of a loan between the City and Agency (Contract No. C07240). Motion was seconded by Snyder and carried by unanimous vote of the City Council/Agency Board members present. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9(b), potential litigation, Personnel, and 54956.8, potential acquisition of property on Velie Way in Palm Desert (2.1 acres owned by Allred & Kyser). 12 MINUTES REGULAR PALM DESERT _ _ TY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * FEBRUARY 11, 1993 * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Act; 1. Foundation for the Retarded of the Desert Mayor Benson asked that this item be added to the Agenda. Councilman Kelly moved to add this item to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote. Mayor Benson noted the letter dated February 8, 1993, from the Executive Director of the Foundation for the Retarded relative to three duplexes that will be removed from behind Sacred Heart Catholic Church and requesting special permission to store these three buildings on their site until all necessary plans and permits are approved by the City. She said immediate action needed to be taken because the duplexes were being given to the Foundation if they could be removed from the church property by February 15, 1993. Mr. Diaz stated that if Council wished to approve this variance, staff would suggest that it be made very clear to the Foundation that granting the request does not indicate support or approval of any future proposed use for the buildings; it is just the right to store the units until a final decision on the Conditional Use Permit is reached. Mr. Timothy P. Hornbecker, Executive Director of the Foundation for the Retarded of the Desert, indicated from the audience that he understood and agreed. Councilman Crites moved to, by Minute Motion, approve the request with the understanding that granting the request does not indicate support or approval of any future proposed use for the buildings. Motion was seconded by Snyder and carried by unanimous vote. 2. Coachella Vallev Mountains Conservancy Land Acquisition Councilman Kelly moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites reviewed his memorandum and the letter from the staff of the Coachella Valley Mountains Conservancy noting a possible opportunity for the Conservancy to acquire lands via the Riverside County Assessor's Office for property available through non-payment of taxes. He stated that the Conservancy was requesting a loan from the City of approximately $65,000.00 for a period of one year and was willing to pay what interest the City would receive on those funds from present investment. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, authorize the Mayor or appropriate staff to execute the loan in the amount of $65,000.00 plus interest to be set by the City. Motion was seconded by Snyder and carried by unanimous vote. 3. Multi -Species Habitat Conservation Plan Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Kelly and carried by unanimous vote. Councilman Crites reviewed his memo dated February 9, 1993, and the letter from the Coachella Valley Mountains Conservancy relative to the Federal Endangered Species Act and CVAG's development of a Multiple Species Habitat Conservation Plan (MSHCP). He asked that staff be directed to look at this and said he felt if the Valley is going to need to do something like this, we should be involved in getting CVAG started on it before such an act is mandated by the Federal government. Councilman Kelly stated there had been considerable discussion in committees of CVAG already, and there was strong feeling that even though western Riverside County had not done anything, it had already complied with the act through the Fringe -Toed Lizard Preserve. Councilman Crites responded that the letter from the Conservancy made it very clear that although the Fringe -Toed Lizard Preserve is a good start, it does not adequately meet the Endangered Species Act, and better than half of the species listed do not exist in the Preserve. Councilman Crites moved to, by Minute Motion, direct staff to look at this issue and see whether or not further efforts involving the City of Palm Desert are appropriate and, if so, we need to talk about that in terms of the CVAG framework. Motion was seconded by Benson and carried by unanimous vote. 4. Councilman Crites' Trio to Washington. D.C. Councilman Kelly moved to add this item to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote. Councilman Crites reviewed his memo requesting authorization of the expenditure of funds to allow him to travel to Washington, D.C. to offer testimony before the appropriate congressional committee dealing with release of funds for the National Scenic Area. Councilman Kelly moved to, by Minute Motion, approve the request. Motion was seconded by Snyder and carried by unanimous vote. 14 MINUTES REGULAR PALM DESERI .TY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * *' * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: 1. Councilman Crites stated he had received a fax earlier in the day from Brian Crawshaw of Gisborne, New Zealand, Palm Desert's Sister City, relative to an article which had appeared on the front page of the major newspaper. This article was about Palm Desert's pilot program to allow golf carts on City streets, and Mr. Crawshaw congratulated the City on this program. XIV. ORAL COMMUNICATIONS - B None Councilman Snyder moved to adjourn to Closed Session at 5:20 p.m. pursuant to Government Code Section 54956.9(b), potential litigation, Personnel, and 54956.8, potential acquisition of jLvp .ity on Velie Way in Palm Desert (2.1 acres owned by Allred & Kyser). Motion was seconded by Crites and carried by unanimous vote. Mayor Benson reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE TO MR. DENNIS JORY OF PALM DESERT HIGH SCHOOL. On behalf of the entire City Council Mayor Benson presented a plaque to Palm Desert High School teacher Dennis Jory commending him for receiving the "Teacher of the Year" award. 15 M I\l TES R E(; l 1. A R PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI I I . PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A CHANGE OF ZONE FROM R-3 (4) TO O.P., A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL AND A PRECISE PLAN FOR A 12,350 SQUARE FOOT OFFICE BUILDING AT THE NORTHWEST CORNER OF COOK STREET AND SHERYL AVENUE (General Construction Management, Applicant). Mr. Winklepleck reviewed the staff report, noting that this involved two lots on the northwest corner of Cook Street/Sheryl Avenue. He said the applicant was requesting a zone change, a General Plan Amendment, and approval of a precise plan for a 12,350 square foot, single - story office building on a 1.09 acre site. He noted that access would consist of ingress/egress points off Sheryl Avenue and a public alley at the rear of the project. He reviewed the landscaping and architecture of the project. Mr. Winklepleck noted that one letter of opposition had been received and was include din the packets. He said staff felt the building would enhance the neighborhood and would be helpful in screening the traffic and some of the noise from Cook Street. He recommended approval. Councilman Crites stated that page 2 of the report outlined the dimensions, and he felt one thing that would be helpful would be to have a separate listing of what would be allowed under the current zoning as well as the allowable dimensions after the zone change. Mayor Benson declared the public hearing open and invited testimony in FAVOR of this request. MR. CLEMENTE TRANCOSO, 1900 E. Tahquitz Canyon, Suite B-4, Palm Springs, spoke as the architect for the project and requested Council approval. MR. JACK LUTZ, 78-180 Cortez Lane, Indian Wells, stated he was a commercial broker, did not see any need for more apartments in this area, and felt the building would enhance the neighborhood. Mayor Benson invited testimony in OPPOSITION to the project. None was offered, and she declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 93-8, approving PP92-9 subject to conditions; 2) waive further reading and adopt Resolution No. 93-9, approving GPA92-2; 3) waive further reading and pass Ordinance No. 706 to second reading. Motion was seconded by Snyder and carried by unanimous vote. 16 MINUTES REGULAR PALM DESERT IT COUNCIL MEETING FEBRUARY 11, 1993 * * * * * * * * * * * s * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF PREANNEXATION ZONING OF AT LEAST 394 ACRES TO OPEN SPACE AND 246 ACRES TO HPR/PCD AND ZONE CHANGE FOR 54 ACRES TO HPR/PCD. THE PCD IS REFERRED TO AS "THE CREST" AND CONSISTS OF 185 MAXIMUM NUMBER OF LOTS ON 640 ACRES NORTH OF THE UNINCORPORATED CAHUILLA HILLS AREA AND 54 ACRES OPPOSITE THE SOMMERSET CONDOMINIUMS (Miller/Richards Partnership, Applicant). Mr. Diaz stated that the applicant had requested a continuance of this matter to the meeting of February 25, 1993, in order to have additional time to prepare exhibits they felt would be necessary to demonstrate to the Council the ability to develop the additional units. Mayor Benson declared the public hearing open and invited testimony in FAVOR of this project. MR. JOE PENDERGAST from Buena Park, owner of an adjacent property, addressed the Council and expressed concern relative to the channel service road and access. He said he had communicated with the Coachella Valley Water District when he purchased his property several years ago, and he was advised that the District intended to dedicate the service road to the City. He asked what the intent was with regard to this service road and if the City intended to close it off. Mr. Diaz responded that there would still be a service road; as far as dedicating the road, the City had indicated it would not accept it. With regard to access, he assured Mr. Pendergast that he would continue to have access to his property, whether it be from the bridge or from the service road, and that the access would not be impaired. Councilman Snyder and Mayor Benson suggested that Mr. Diaz meet with Mr. Pendergast regarding this issue. With no further testimony offered, Councilman Crites moved to continue the hearing to the meeting of February 25, 1993. Motion was seconded by Snyder and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL M r r i u'(G FEBRUARY 11, 1993 * * * * * • * • * • • • * * • • • • * * * • • • • • * * • * • * * • • * * XX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 7:20 p.m. to 3:30 p.m. on Tuesday, February 23, 1993, for the purpose of holding a Closed Session to discuss personnel. Motion was seconded by Snyder and carried by unanimous vote. SHEILA R. GIL.LjiGAN, CITY CITY OF PALM ESERT, C 1 Mt i'--4;-14-n....-ON.A. M. BENSON, MAYOR r 18